MVALaw Blogs

Archives for IP Law Blog

The “Burden” of Patent Infringement

In a recent article published in Bloomberg BNA’s Patent, Trademark & Copyright Journal, MVA Intellectual Property Member Mark Wilson examines the U.S. Supreme Court’s decision in Medtronic, Inc. v. Mirowski Family Ventures, LLC, 134 S.Ct. 843 (2014) in which the High Court reversed the U.S. Court of Appeals for the Federal Circuit and held that … Continue reading »

South Carolina Ruling Raises Uncertainty Regarding Liability for Accessing Others’ Webmail Accounts Without Permission

On October 10, 2012, the South Carolina Supreme Court handed down its ruling in Jennings v. Jennings.  The court was faced with the challenge of interpreting a somewhat ambiguous provision in the Stored Communications Act (the “SCA”) – a federal law enacted in the late 1980s.   The court’s opinion did little to help clarify the … Continue reading »

  • Comments Off on South Carolina Ruling Raises Uncertainty Regarding Liability for Accessing Others’ Webmail Accounts Without Permission
  • Email to friend
  • Blog it
  • Stay updated

Impact of Chinese Telecommunications Companies on U.S. Supply Chains

On October 8th, the U.S. House of Representative’s Intelligence Committee issued an investigative report (the “Report”) on issues related to the operations of Huawei Technologies Company Ltd. and ZTE Corporation.  The Report potentially has far-reaching implications for the U.S. telecommunications supply chain. Huawei (pronounced Wah-Way) and ZTE are both engaged in the telecommunications equipment industry.  … Continue reading »

New Importance of Meeting Section 101 Requirements

On March 20, 2012, the Supreme Court handed down its opinion in Mayo Collaborative Services v. Prometheus Labs., Inc., No. 10-1150.  In this case, the Court considered the validity of two patents belonging to Prometheus with claims directed towards the use of thiopurine drugs for the treatment of autoimmune diseases.  In general, the claims recited steps including … Continue reading »

Fair Use of Copies of NPL Made in Patent Examination

The American Institute of Physics and John Wiley & Sons Inc. recently filed a copyright infringement complaint against two U.S. law firms for making copies of copyrighted works and submitting them, without permission, to clients and the U.S. Patent and Trademark Office during prosecution of client patent applications.  On January 19, 2012, the USPTO issued … Continue reading »

Dilution & the Trademark Trial & Appeal Board (TTAB)

The TTAB recently handed down its precedential decision in Nike, Inc. v. Peter Maher and Patricia Hoyt Maher, 100 USPQ2d 1018 (2011).  In this decision, the Mahers filed an application to register the mark JUST JESU IT in connection with items of clothing, including t-shirts and caps.  Nike opposed registration based on its prior rights to the mark JUST … Continue reading »

Leahy-Smith America Invents Act

Formerly known as the Patent Reform Act of 2011, the Leahy-Smith America Invents Act is close to being passed into law. Versions of the Act were approved in March in the Senate (S. 23, 95-5) and in June in the House (H.R. 1249, 304-117), and the House bill has been referred to the Senate. The … Continue reading »

Change is on the Virtual Horizon

It has been a busy year for ICANN, the organization responsible for the creation and implementation of domain names.  In April, ICANN approved the long disputed and controversial .XXX extension.  A few weeks ago, ICANN also finally approved the new generic top level domain (gTLD) program.  These developments present a number of issues for trademark owners and … Continue reading »

USPTO Extends & Expands Full First Action Interview Pilot Program

Recently the United States Patent Office announced that it is extending and expanding the Full First Action Interview Pilot Program. The program provides for the Patent Applicant and the Examiner to conduct an interview prior to the issuance of the first Office Action on the merits. The program has been extended until May 16, 2012 … Continue reading »

Potential Reissue Pitfalls: The Recapture Rule

Under 35 U.S.C. § 251, applicants may file a reissue application to amend the claims contained in the issued parent patent. However, “claims that are ‘broader than the original patent claims in a manner directly pertinent to the subject matter surrendered during prosecution’ are impermissible.” In re Clement, 131 F.3d 1464, 1468 (Fed. Cir. 1997) … Continue reading »

Page 1 of 3:1 2 3 »